Tell Office Supply to Order More Post-Its -- Mr. Levine Is About To Head Home!

I have long contended that concerns about "texting while driving" are really concerns about "other people texting while driving."

I say this because every morning and evening on my way downtown I see just about everyone texting and checking their emails, deep in phone conversations, looking at websites, watching movies(!) and typing away like maniacs.

I don't personally object to this practice, assuming you are competent at performing more than one task at the same time and know when to focus more on the road at the appropriate moments.

Of course we know many people who fail at this, and who fail at driving even without any distractions whatsoever.

But not Kluger Kaplan partner Todd Levine, who is all about the driving while post-its:

It’s 7 p.m. and Todd Levine saunters out of his office, opens his car door, flips on his Bluetooth, and starts his nightly routine of sticking Post-It notes to his dashboard. As he heads north on the highway, one by one he peels off the Post-Its with phone numbers scribbled on them and makes the return calls.

 “I conduct my business and by the time I hang up, I’m in my driveway,” Levine says.

Levine, a Miami trial lawyer, has a similar routine in the morning. “By the time I get to my office, I have done at least 45 minutes to an hour of work.” 

Question for Cindy -- was Todd really "sauntering" out of his office?

Maybe he just had a lot of post-its on his fingers he needed to put on his dashboard? 

Actually, Todd's driving habits are fairly routine, nonobjectionable even, and we've all seen way way worse.

I'd like to see Todd incorporate his post-it practice into his official firm bio:

Todd uses his analytical skills and creativity to find the winning angle other lawyers might overlook. Sometimes that means honing in on that one key piece of buried evidence that will make or break a case. Other times, that means formulating the one legal argument that will give clarity to an otherwise murky dispute.  Even more other times, it just means picking the right post-it and knowing how to Bluetooth successfully without killing anybody on the way home.  This is not as easy as it sounds.

See, I really should do more law firm marketing.

3d DCA Watch -- The Night They Cancelled 3d DCA Watch

Hi kids, what do you all think of those facacta Goldman Sachs emails? Seriously, what kind of intelligent professional puts that kind of stuff in writing?

I also love the secret code used for discussions too sensitive to put in writing -- "LDL."

Not exactly the Enigma Code, fellas.

On to the bunker, where the distressing lack of work product has caused this humble blog to cancel today's 3d DCA Watch.

LDL, you know what I mean?

Oh wait, there is one opinion worth noting:

Venezia Lakes v. Precious Homes:

Pure bills of discovery? Do those even exist anymore?

Not really:

As this Court stated in Kirlin v. Green, 955 So. 2d 28, 29 (Fla. 3d DCA 2007), although a “pure bill of discovery remains part of our legal system, its use and usefulness diminished greatly when Florida relaxed its pleading requirements to authorize liberal discovery.” In the absence of an adequate legal remedy, it “may be used to identify potential defendants and theories of liability and to obtain information necessary for meeting a condition precedent to filing suit.” Mendez v. Cochran, 700 So. 2d 46, 47 (Fla. 4th DCA 1997); see also Debt Settlement Adm’rs, LLC v. Antigua & Barbuda, 950 So. 2d 464, 465 (Fla. 3d DCA 2007); JM Family Enters., Inc. v. Freeman, 758 So. 2d 1175, 1176 (Fla. 4th DCA 2000); Trak Microwave Corp. v. Culley, 728 So. 2d 1177, 1178 (Fla. 2d DCA 1998). However, a bill of discovery may not be used “as a fishing expedition to see if causes of action exist.” Publix Supermarkets, Inc. v. Frazier, 696 So .2d 1369, 1371 (Fla. 4th DCA 1997). Nor is it available simply to obtain a preview of discovery obtainable once suit is filed. Mendez, 700 So. 2d at 47.

Ok, that seems totally contradictory.

But they're not done:

As stated above, it is well established that a pure bill of discovery does not lie to see if a cause of action exists, nor has it ever been available to aid a potential plaintiff in determining the extent of its damages. Precious Homes’ claim that it cannot determine a theory of liability when it is claiming an overcharge in violation of the agreement is without merit.

In other words, just file a lawsuit.

In The 1920s, Could You "Text Message" The Ice Deliveryman?

I know how much Judge Silverman loves to preserve and celebrate our heritage, particularly as it relates to the courts and our rich South Florida judicial history.

So he would know for sure, but I'm fairly certain that in the old days you could not text message your boss from the witness stand about your testimony:

While the judge and attorneys conferred, a courtroom spectator passed a note to a defense attorney saying the witness, Sky Development chief operating officer Gavin Sussman, appeared to be text-messaging Sky chief executive Yizhak Toledano at the plaintiff table.

Vistaview attorney William Petros, a partner at Coral Gables-based Petros & Elegant, said the incident occurred while the judge and lawyers for both sides met at the bench on the third day of trial.

Petros asked for another sidebar and relayed his suspicions. The judge asked Sussman if he’d been text-messaging, and he admitted he and Toledano texted twice about Sussman’s testimony, Petros said.

One message from Toledano to Sussman said: “We never filed a lawsuit against seller. These people developed the site 40 years ago, in 40 years and know every corner.” It wasn’t clear from a transcript who sent the second text saying, “We maybe got this document after Sept. 7 when the bank discovered the problem.”

Petros asked for a mistrial, which the judge granted.

Before that, Silverman had engaged in a heated exchange with Toledano. “Let me be really frank about this,” the judge said. “I never had this happen before. This is completely outrageous, absolutely outrageous.” Toledano responded, “It was on a break.” Silverman shot back: “It doesn’t matter. You are communicating about the case and the subject matter of the case with a witness who is currently under oath and before the jury,” Toledano said, “I’m sorry, after we took the break, it’s not in the middle.”

The judge explained himself again.

“It’s a problem on your communicating with the witness about his testimony whether it’s before the break, after the break and during the break while he’s testifying,” he said. “This is outrageous.”

A basic trial rule prevents people on the witness stand from communicating with anyone about their testimony during recesses or other breaks.

When the judge asked about the texts, Petros took Sussman’s phone to read them, and they exchanged sharp words over whether Petros snatched the phone. The bailiff threatened to call police and said “someone is going to get arrested if there’s no order in this court,” the transcript said.

Outside court, Petros repeated his objections to the electronic exchange.

“Texting in this manner is no different than being wired and having someone talk in your ear,” he said. “It was a fraud on the justice system. This case in my view is an intentional interference with the judicial process, and an act like that infringes on the ability of the court and the judicial system to operate fairly and impartially.”

He contends the texting warrants dismissal of the case and plans to file a motion.

Bill, instead of filing the motion, you can have one of your kids text message it to HarveyRuvin92435, and that way you can also vote for Kris Allen in the American Idol finale.

I tell you, Harvey has really done wonders with the electronic filing system.